THE TERMS AND CONDITIONS OF PAT4safety revised March 2020
1.01″PAT4safety” is a trading title of CB Sound Video Light Ltd
1.1 ‘“CBSVL” means CB Sound Video Light LTD registered at Companies House under 07130448
1.2. “the Customer” is the person, firm, corporate or public body hiring or purchasing the service. Any person purporting to act on behalf of the Customer shall be bound by the Contract
1.3. “Consequential loss” shall mean loss of profits, contracts or other consequential loss or damages whatsoever
1.4. “Interest” shall mean interest calculated in accordance with Clause
1.5. The Contract shall be interpreted and applied in accordance with English Law and the parties to this contract agree to submit to the exclusive jurisdiction of the English Courts
1.6. “PROFESSIONAL SERVICES” include installation, testing, upgrades, remedial works and modifications to installed installations.
2 CHANGE OF USE
CBSVL reserves the right to:
2.1 change or remove (temporarily or permanently) these Terms and Conditions or any part of it without notice and you confirm that CBSVL shall not be liable to you for any such change or removal and.
2.2 your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
3 LEGAL ADVICE
3.1 The contents of CBSVL website and any sister websites do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained is provided without any or warranty of any kind. You use the material on this website at your own discretion
4.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CBSVL or otherwise used by CBSVL as permitted by law.
5 LINKS TO AND FROM OTHER WEBSITES
5.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
6.1 You agree to indemnify and hold CBSVL and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CBSVL arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
7.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8.1 If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
9.10. TERMINATION OF CONTRACT
9.10.1. CBSVL shall be entitled to terminate the contract with immediate effect and to refuse further work or supplying of certificates if at any time:-
(a) The Customer is in breach of these terms; or
(b) The Customer shall take any steps or if any act or proceeding is commenced in which the Customer’s solvency is in the reasonable view of CBSVL in doubt.
Such termination shall not affect the right of CBSVL to recover from the Customer any monies due under this contract interest consequential loss or damages for breach
9.10.2. The Customer hereby authorises CBSVL to enter upon any property, upon which CBSVL reasonably believe any Equipment to be held and CBSVL in their absolute discretion may recover and remove the Equipment
9.10.3 The Customer hereby authorises CBSVL (notwithstanding any subsequent instruction to the contrary after the date of the commencement of the Contract) to deduct any sums properly due to CBSVL arising under a breach of these terms from any credit card debit card or charge account details of which are in the possession of CBSVL.
9.11. CANCELLATION OF CONTRACT
9.11.1 The following shall apply should the contracting party cancel the contract:-
– in the event of cancellation 30 days before the beginning of works, 25 % of the estimated fee shall be due;
– in the event of cancellation 14 days before the beginning of works, 50 % of the estimated fee shall be due;
– in the event of cancellation 7 days before the beginning of works the full estimated fee shall be due.
Postponement of an agreed date shall be regarded as a cancellation.
10.2.1. The Customer or any duly authorised person on behalf of the Customer shall receive and unload the Equipment and shall check the same for quantity and condition in the presence of CBSVL carrier
10.2.2. Any shortage of or unsatisfactory Equipment shall be endorsed by the Customer or a duly authorised person on behalf of the Customer on the delivery document and the Customer shall give written confirmation to CBSVL within three days of delivery
10.2.3. No claim in respect of shortage of or unsatisfactory condition of the Equipment shall be entertained by CBSVL unless condition 10.2.2. is observed
10.2.4. This condition does not affect the statutory rights of the Customer
103.3.1. The price charged will be the price ruling at the time of delivery. Where this is at variance with the price quoted or inserted in the contract at the time the goods were ordered the Customer will be advised prior to delivery
10.3.3.2. All quotations are valid for a maximum of 30 calendar days, after which the quote will be void and retracted from offer.
10.4.1. Where account facilities have been granted to the Customer in writing all invoices must be paid within the terms on the invoice
10.4.2. Where no such facilities have been granted payment will be with order or where previously agreed on delivery
11.2. LIABILITY OF SALES
11.2.1. CBSVL liability for any defect in the equipment shall be limited to and in no case exceed:-
(a) any manufacturer’s warranty sold with the equipment;
or if there shall be none
(b) replacement or repair of the defective equipment; or
(c) at CBSVL option a refund of the price
11.2.3. Consequential losses
Nothing in these terms and conditions shall make CBSVL liable for any consequential loss to the Customer including any expense liability loss claim or proceeding whatsoever caused by or arising out of the late delivery non delivery unsuitability incompatibility or unlawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the same
11.3. INJURY TO PERSONS AND DAMAGE TO PROPERTY
11.3.1. Subject to 11.2. above CBSVL shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where and only to the extent that such injury or damage is caused by any defects in the Equipment and where such defect is caused by the negligence of CBSVL
11.4. RIGHTS RESERVED
11.4.1. Any failure by CBSVL to enforce any or all of these conditions shall not be construed as a waiver of any of CBSVL rights hereunder
11.4.2. If any term in this contract shall be held invalid such invalidation shall not affect the validity of the remaining terms
11.5. TERMS OF CONTRACT
11.5.1. These conditions have effect in substitution for and to the exclusion of any condition put forward by the Customer
11.6. DELIVERY AND CARRIAGE
11.6.1. All times quoted or stated for deliveries are approximate only shall not be liable for any delay in delivery of the Equipment howsoever caused.
11.6.2. Hire charges or sale prices do not include carriage. Any expenses incurred by CBSVL in delivery or recovering equipment or attempting the same will be paid by the Customer
11.6.3. Where carriage charges are quoted by CBSVL such charges will include only for the time to load or unload alongside the CBSVL vehicle at the address specified by the Customer. Further time or attendance will be paid for by the Customer
11.6.4 CBSVL reserves the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.
11.6.5 CBSVL shall not be held liable for any damage incurred to a customer vehicle when loading\unloading or for the safe and secure loading of their vehicle.
11.7.1. CBSVL notifies the Customer that playing or showing copyright material in circumstances where the Customer or anyone authorised by him does not hold the appropriate Licence of the copyright holder he will infringe copyright and may become liable in damages for so doing
11.7.2. The Customer by accepting delivery of sound or visual reproduction equipment warrants that he has or will obtain the appropriate Licence for the said performance playing or showing, prior to using the equipment for the said purpose
12 LIABILITY AND CERTIFICATION PROVIDED
12.1 Certificates issued are accurate for the work carried out at the time of testing and are not a true reflection on the true state of the equipment or environment the equipment is used in.
12.2 Information will be provided in the form of recommended retest periods, risk assessments and history. These are based purely on the information provided to us and cannot be held liable for the actions on the information provided to us.
12.3 We are unable to accept liability of any equipment damaged as a result of testing, unplugging or otherwise treating the equipment past how it was designed. We are unable to attain if equipment is 100% working when testing and can only test basic functions of operation and safety during testing and as such cannot be sure of full functions.
12.4 Risk assessments provided are supplied as a guide to help create a comprehensive site assessment or to add to an existing assessment, it should not be the soul means of providing an adequate assessment.
13.1 Certificates will be provided in PDF format only and emailed.
13.2 Certificates will only be released after full payment received.
13.3 Resending of certificates will be charged at £15 per instance.